Legal Opinion

Thomas v. Fischer

Appellate Division of the Supreme Court of the State of New York

Decided October 18, 2012PublishedCited by 2 opinions

1Opinion of the CourtStein, J.

As a group of inmates was being returned to their cell block, a correction officer observed petitioner being attacked by another inmate and a physical altercation between petitioner and that inmate ensued. The officer directed them to separate and, when petitioner broke free, he attempted to escape through a door. The officer detained petitioner and used body holds to gain control of him, at which point petitioner struck the officer. As a result, petitioner was charged in a misbehavior report with refusing a direct order and assaulting staff. After an investigation of the incident, correction…

2Cases cited7 opinions

  1. MTR. OF ABDUR-RAHEEM v. MannNew York Court of Appeals · 1995
  2. Salahuddin v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
  3. Harrington v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  4. Deleon v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
  5. Larkins v. GoordAppellate Division of the Supreme Court of the State of New York · 2006

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Matter of Barber v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019
  2. Matter of Scott v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2018

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